Talmage v. Nevius
The Superior Court of New York City
This case was tried before Mr. Justice Monell without a jury. It is an appeal from a judgment entered in favor of defendants. The court found the following facts: That on or about the 19th day of September, 1868, the plaintiffs sold to defendants ninety-oue tons and fourteen hundred weight of coal. That the contract of sale was made through one Charles L. Foxwell, acting for and on behalf of plaintiffs.
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This case was tried before Mr. Justice Monell without a jury. It is an appeal from a judgment entered in favor of defendants. The court found the following facts: That on or about the 19th day of September, 1868, the plaintiffs sold to defendants ninety-oue tons and fourteen hundred weight of coal. That the contract of sale was made through one Charles L. Foxwell, acting for and on behalf of plaintiffs. That the coal was delivered to defendants a day'or two before the 26th day of September, 1868, and was delivered by Foxwell, who held the shipper’s receipt for the coal, and which receipt he…
1Opinion of the Court
By the Court:
Freedman, J.
The general doctrine undoubtedly is, that a broker employed to sell has no authority as such to receive payment, for the reason that he has no authority to sell in his own name. The duty of a broker, in general, is ended when he has found a purchaser and has brought the parties together, and evidence of a local usage, allowing mere brokers to receive payment in certain cases, is not admissible for the purpose of. establishing *45authority in such brokers to receive such payment. But the plaintiff's in this case cannot, in my judgment, invoke the application of these…
2Cases cited5 opinions
- Higgins v. . MooreNew York Court of Appeals · 1866
- Bridenbecker v. LowellNew York Supreme Court · 1860
- Dunning v. RobertsNew York Supreme Court · 1862
- Easton v. . ClarkNew York Court of Appeals · 1866
- New York Life Insurance and Trust Co. v. . BeebeNew York Court of Appeals · 1852
3Cited by1 opinion
- New York Life Insurance and Trust Co. v. . BeebeNew York Court of Appeals · 1852